Land Use Agreement questions
Suggestions on questions to ask a land owner/landlord when signing a Memorandum of Understanding.
School / Fairgrounds
- Number of Classrooms
 - Gym
 - Cleaning / Janitorial /Custodial services
 - Use of showers
 - Government furnished supplies vs contractor furnished
 - Phones
 - Copiers
 - Computers
 - Kitchen
 - Keys -Access
 - Security
 - Sleeping Areas
 - Noxious Weeds
 - Availability (ACA)
 - AC/Heater operational or available
 - Sprinkler system
 - Reduce / increase costs when camp changes (i.e. from Type I – II – III) (reduce number of classrooms needed, area needed, buildings needed, etc.)
 - Other prescheduled / concurrent uses of the facilities by owner
 - Parking
 - Athletic Fields
 
Dip Sites / Pond / Outdoors
- Impact – amount of drawdown, site disturbance, etc
 - Fish
 - Noxious Weeds
 - Water (usage and/or replenishment)
 - Water Rights (who owns the water)
 - Fences
 - Access
 - Flight Path
 - Livestock/Wildlife
 - Loss of Foliage/Crop/Pasture
 - Use of pumps or wells
 
ICP / FOB / Helibase
- Access – roads, gates
 - Noxious Weeds
 - Fences/ cattleguards / gates
 - Livestock
 - Flight Path
 - Irrigation/Sprinkler System
 - Spillage/Hazmat
 - Hours of Operation
 - Property Impact
 - Re-seeding / de-compaction requirements
 - Abandonment of improvements
 - Specific clean-up requirements (bark, mulch, sawdust, gravel, carpet, etc)
 
Airports
- Facilities Usage (except for federally funded runways, towers (Check other FAA restrictions
 - Landing Fee
 - Fuel Fee (If Contractor provided)
 - Security
 - Flight Path
 - Hazmat/Spillage
 - Parking
 - Availability
 - Water/Electricity/Phones
 - Portable Retardant Bae
 - Hours of Operation
 - Access
 - Check with Air Ops for further concerns
 
Volunteer Base / Non Profit
- Talk to owner if possible
 - Acknowledge possible legal issues (water dumping, food on grounds, drinking, etc)
 - Take lots of pictures (Put online so you can share with whoever comes after you.)
 - Can we use the utilities? (Electric / gas/ water/)
 - Can we use office EQ, like copiers/printers? Wifi?
 - What is the parking lot like? Any restrictions?
 - Are there fields that can be used?
 - Is the sprinkler system (internal/external) working?
 - Who has keys/access? What is the process for getting access?
 - Do we have kitchen access?
 - Can we get access to the janitorial stuff (or is there a contract in place to clean)?
 - Is there a lawn/grounds keeper on contract? How do we approach oil spills (cars) and weed pulling?
 - What are you hours of operation?
 - When was the last safety inspection?
 
For Outside Use
- Where does water flow? (for when it rains?) Is food/congregant settings anywhere near that point?
 - What is your De-contamination plan?
 - Is there room for a dumpster?
 - How many parking spots do you have?
 - Do you have segregated spots for all your “stations” (Supply, Food, Showers, Parking, Desk, Info, etc)?
 
Situations NOT requiring Land Use Agreements (For Govt Contracts)
- Federal Government land/facilities run by concessionaire
 - Land/Facilities of other Federal agencies (would fall under Economy Act agreements)
 - Land/Facilities of state and local governments (usually cooperative agreement)
 - Non Wildland fire incidents, i.e. FEMA.
 - Direct fire suppression activity (fire line construction, back-burn, access to fire)
 - Federally funded runways and towers (county/state/local)
 
Restoration Considerations
- Loss of crop/pasture – how many seasons
 - Re-seeding / de-compaction requirements
 - Noxious Weeds Abatement and Survey
 - General clean-up (trash removal, final janitorial service, floor waxing, etc)
 - Re-sod of athletic fields
 - Reconditioning floors (of gyms, carpet replacement, etc)
 - Pumping of septic systems (feasible to use system, or rely solely on      port-a-potties?)\
 - Mending fences damaged during incident
 
Determining Rate
- BEFORE NEGOTIATING RATE:  
- Determine ownership of land / facilities 
 
- Confirm owner’s agent if applicable 
 
- Resources available to confirm ownership 
- City or County Tax Assessor’s Office  
 - Courthouse
 
 
 - Private Campgrounds – what are average receipts / revenues for similar time period
 - Historical record of rates for use in local area – local rangers may be good source
 - Facilities – if facility is abandoned from normal use, consider revenue lost for the activities
 - Fairgrounds – were there any events cancelled or rescheduled to make them available? 
 - Cost of relocating and feeding of stock
 - Are there vacant facilities held by other agencies that may be available?
 - Consider a not to exceed rate commensurate with property value
 - Sources of market research:  
- banks
 - real estate offices
 - local employees
 - local assessor offices
 - local agency lands offices
 - newspapers
 - feed store bulletin boards
 - documentation at local offices from previous incidents 
 
 
			
						
		- Loss of crop/pasture – how many seasons
 - Re-seeding / de-compaction requirements
 - Noxious Weeds Abatement and Survey
 - General clean-up (trash removal, final janitorial service, floor waxing, etc)
 - Re-sod of athletic fields
 - Reconditioning floors (of gyms, carpet replacement, etc)
 - Pumping of septic systems (feasible to use system, or rely solely on port-a-potties?)\
 - Mending fences damaged during incident
 
- Determine ownership of land / facilities
 
- Confirm owner’s agent if applicable
 
- Resources available to confirm ownership 
- City or County Tax Assessor’s Office
 - Courthouse
 
 
- banks
 - real estate offices
 - local employees
 - local assessor offices
 - local agency lands offices
 - newspapers
 - feed store bulletin boards
 - documentation at local offices from previous incidents